1. 1. A person commits the offense of making a false declaration if, with the purpose to mislead a public servant in the performance of his or her duty, such person:

   1. (1) Submits any written false statement, which he or she does not believe to be true:

      1. (a) In an application for any pecuniary benefit or other consideration; or
      2. (b) On a form bearing notice, authorized by law, that false statements made therein are punishable; or

   2. (2) Submits or invites reliance on:

      1. (a) Any writing which he or she knows to be forged, altered or otherwise lacking in authenticity; or
      2. (b) Any sample, specimen, map, boundary mark, or other object which he or she knows to be false.
2. 2. The falsity of the statement or the item under subsection 1 of this section must be as to a fact which is material to the purposes for which the statement is made or the item submitted; and the provisions of subsections 2 and 3 of section 575.040 shall apply to prosecutions under subsection 1 of this section.

3. 3. It is a defense to a prosecution under subsection 1 of this section that the person retracted the false statement or item but this defense shall not apply if the retraction was made after:

   1. (1) The falsity of the statement or item was exposed; or
   2. (2) The public servant took substantial action in reliance on the statement or item.
4. 4. The defendant shall have the burden of injecting the issue of retraction under subsection 3 of this section.
5. 5. For the purpose of this section, "written" shall include filings submitted in an electronic or other format or medium approved or prescribed by the secretary of state.
6. 6. The offense of making a false declaration is a class B misdemeanor.

(L. 1977 S.B. 60, A.L. 2002 S.B. 895, A.L. 2014 S.B. 491)

Effective 1-01-17